Olney City Council rescinds approval of Country Club path project

Olney City Council at its meeting Monday rescinded a vote it took at its last meeting that approved a requested project at Richland Country Club.

At the council's last regular meeting on September 23, City Manager Larry Taylor said the project,which would use the city's Asphalt Zipper to work on cart paths, would be a little unusual because it was not on city property. According to information from Street Department Supervisor Marty Nuss, the city planned to use a front loader and Asphalt Zipper to grind approximately 1,700 square yards of asphalt cart paths on four holes; using a road grinder to flatten the path areas to prepare for rolling; and using the vibratory roller on all ground-up areas. The total cost for the was to be $2,960. This is also the amount the country club was going to pay the city for the work.

Councilman Brad Brown brought the issue before the council again on Monday. Taylor said after the meeting there had been some concerns about the project from council members.

During the meeting, Taylor said that in investigating the way the project was approved, it would not fulfill state statute requirements. He said the city is allowed under state statute to appropriate and expend funds for economic development purposes, but in the way the project was approved, it did not use that provision.

There are exceptions in which tax money can be used on private property, such as a Tax Increment Financing district, which uses such funds to eliminate blighted areas and rehabilitate old buildings. This, however, is done in the name of economic development.

Taylor said based on this, he thought the vote that the council took at its last meeting was improper. He said he should have brought up these issues to give the council the opportunity to consider it from an economic standpoint.

Mayor Ray Vaughn said that in this case, the city would be reimbursed for the money it spent because it would be doing work for the country club that it would be getting paid for.

Taylor said it would still fall under appropriating or spending city funds, even though they may be reimbursed.

Councilman John McLaughlin made a motion to rescind the vote the council took on September 23, noting that if it is illegal, he did not even want it "hanging out there," in case other similar requests came.

The council voted 3-0, with council members Barb Thomas and Bob Ferguson absent from Monday's meeting, to rescind the approval.

Taylor said he would contact the state attorney general's office to ask its opinion about the country-club project.

In other business, the council:

• Tabled a resolution approving an affiliation agreement with Illinois Eastern Community Colleges regarding the use of the firing range and building for concealed-carry courses.

Page 2 of 3 - Taylor said the city would be paid $100 for each 16-hour course taught.

Vaughn asked what the rules are for the firing range.

Taylor said the groups using it, namely the police department, Sheriff's Posse, sheriff's department and the gun club, have to schedule times to be there.

Vaughn said there was some language in the IECC agreement he would like changed, but, more broadly, he wanted there to be a schedule for when they or other groups approaching the city could use it, noting, for example, that the police department has first priority and the gun club, which has a regular schedule, has also earned the right to be there. He was concerned about the amount of time there would be shooting going on there and how it would affect residents who live in that area.

McLaughlin said he is in favor of having courses there and noted that he plans to get a concealed-carry permit. He said he agreed there needed to be scheduling presented to the city, however.

• Heard from Brian O'Neill at the start of its meeting, who told the council that it could not use city equipment to work at the country club. He said there are roads in the city that need to be fixed.

He said the city equipment could not be used on private property and city officials did not know this.

He said he planned to file a class-action lawsuit against the city on behalf of taxpayers.

• Approved rezoning a 1.5-acre tract of land located approximately 860 feet east of U.S. 50 on the south side of Baird Street from M-1 (light industrial district) to R-1 (single-family residential district).

Ray and Gladys Markwell submitted a petition to change the zoning in order to build a new home.

According to information from City Clerk Belinda Henton, Ray Markwell said he has a potential buyer that wants to build a house on the property, but he would not be allowed to do so with the current zoning.

Henton received a call from Mike Doll expressing his concern for rezoning industrial property for residential use because of other industrial property located to the east and north of the subject project.

Vaughn asked the Markwells, who were at the meeting, whether they understood the the property would be surrounded by industrial zoning.

They said they did and that they talked with Doll.

• Approved widening the culvert at the Musgrove House and installing pipe there to accommodate a storm-water detention area. A road in the area will be widened from nine to 24 feet.

• Approved the sale of personal property, including used metal culverts, a 1993 Nissan and used traffic signs.

• Approved soliciting bids for the North Avenue pumping station project.

Page 3 of 3 - • Approved keeping a current large swing set at Olney City Park. There had previously been a plan to remove it since new equipment was being installed.

• Approved a request from Salvation Army to place an 8 feet by 20 feet storage unit in the city parking lot behind 302 E. Main St. for up to 60 days, due to roofing work going on at its building.

• Approved allowing a Mattoon recycling company to come to Olney on the first Saturday in November to accept electronics, appliances, tires, and other items not accepted as part of the city's recycling service.

There will be a $5 fee for TVs, monitors and flat screens and $4 for tires.

The trailer will be at the parking lot at the intersection of Butler and Fair streets. Taylor said he thought the city could try the service for that day and see how it works.

• After executive session, authorized the sale of lot six in block one of the VanMatre addition.

Taylor said the lot has to be sold at not less than 80 percent of fair-market value. This would be approximately $1,200. The lot was appraised at $1,500.